ALC A-Report 9614 Final - Melbourne Law School · 2018-10-10 · Email: [email protected]...

AsianLawAsianLaw

THE UNIVERSITY OF

MELBOURNELAW SCHOOL

ASIAN LAWCENTRE

Annual ReportJanuary–December 2003

Annual Report January–December 2003

Asian Law Centre

Law SchoolThe University of Melbourne

Enquiries concerning the Centre’s activities

and publications can be directed to:

Asian Law Centre

Faculty of Law

The University of Melbourne

Victoria 3010

AUSTRALIA

Telephone: +61 3 8344 6847

Facsimile: +61 3 8344 4546

Email: [email protected]

Report prepared and edited by Kathryn Taylor and Tim Lindsey of the Asian Law Centre and Frank Ameneiro of Artifishal Studios.

Front cover image by Geoff Todd. Printed in Australia by Espress Printers, Bendigo.

ContentsAsianLawCentre

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Director’s Report — Professor Tim Lindsey ________________________________________________________________________________ 4

Goals of the Asian Law Centre ____________________________________________________________________________________________ 5

Asian Law Centre Advisory Board _________________________________________________________________________________________ 5

Graduate Diploma in Asian Law Advisory Board ___________________________________________________________________________ 7

Asian Law Centre Members ______________________________________________________________________________________________ 8

Director ________________________________________________________________________________________________________ 8

Associate Director (China) _______________________________________________________________________________________ 8

Associate Director (Japan) ______________________________________________________________________________________ 10

Associate Director (Malaysia) _____________________________________________________________________________________ 9

Associate Director (Taiwan) ______________________________________________________________________________________ 9

Associate Director (Vietnam) _____________________________________________________________________________________ 9

Professorial Fellow _____________________________________________________________________________________________ 11

Asian Law Centre Associates ____________________________________________________________________________________________ 11

Centre Administrator ___________________________________________________________________________________________ 11

Australian Journal of Asian Law __________________________________________________________________________________ 14

Research Assistants ____________________________________________________________________________________________ 15

Asian Law Centre Finances & Sponsors __________________________________________________________________________________ 18

Grants Received ________________________________________________________________________________________________________ 19

Conferences ___________________________________________________________________________________________________________ 20

Law and Governance: Socialist Transforming Vietnam _____________________________________________________________________ 20

Major Activities and Events _____________________________________________________________________________________________ 21

Workshop — Problems with Comparative Law: Labour Regulation in Asia – Thursday 2 October, 1:00–5:00pm _______ 22

Public Event — Islam, Terrorism and Indonesia ___________________________________________________________________ 23

Occasional Seminar Series ______________________________________________________________________________________________ 25

‘Brown Bag’ Seminar Series _____________________________________________________________________________________________ 26

Melbourne Asia Policy Papers ___________________________________________________________________________________________ 32

Multimedia IT __________________________________________________________________________________________________________ 33

Visiting Scholars 2003 __________________________________________________________________________________________________ 36

Faculty Teaching & Education ___________________________________________________________________________________________ 39

Major Institutional Contributions ________________________________________________________________________________________ 40

Contents

Research Students Under Supervision of Centre Members ________________________________________________________________ 41

Publications of Members, Associates & Researchers _______________________________________________________________________ 43

Books _________________________________________________________________________________________________________________ 43

Chapters in Books and Monographs _____________________________________________________________________________ 43

Journal Articles ________________________________________________________________________________________________ 43

Other Journal Articles __________________________________________________________________________________________ 44

Book Reviews __________________________________________________________________________________________________ 44

Working Papers ________________________________________________________________________________________________ 44

Commissioned Reports _________________________________________________________________________________________ 44

Reports to Governments _______________________________________________________________________________________ 44

Newspaper Articles ____________________________________________________________________________________________ 44

Conference Papers and Seminars Delivered by Members __________________________________________________________________ 45

Australian Journal of Asian Law _________________________________________________________________________________________ 46

Journal Articles ________________________________________________________________________________________________ 46

Case Notes ____________________________________________________________________________________________________ 46

Commentary __________________________________________________________________________________________________ 46

Book Reviews __________________________________________________________________________________________________ 46

Review Essay __________________________________________________________________________________________________ 46

Contributions to the University of Melbourne and the Community ________________________________________________________ 47

Ms Sarah Biddulph _____________________________________________________________________________________________ 47

Mr Sean Cooney _______________________________________________________________________________________________ 47

Professor Tim Lindsey __________________________________________________________________________________________ 47

Dr Pip Nicholson _______________________________________________________________________________________________ 48

Professor Malcolm Smith _______________________________________________________________________________________ 48

Ms Stacey Steele _______________________________________________________________________________________________ 48

Ms Amanda Whiting ___________________________________________________________________________________________ 48

Asian Law Centre Mailing List ________________________________________________________________________________48

AsianLawCentre3

The Asian Law Centre’s program for 2003 was marked by the diversity of its activities and areas of focus. Major events

covered, for example, the future of China; the Jemaah Islamiyah trials and the Bali bombing; Japan’s economic

collapse and its legal implications; labour regulation in Asia; game theory and dispute resolution in Southeast Asia;

the shaky path of East Timorese law reform; and Asian values and South Africa. 2003 also saw a regular flow of

prominent visiting scholars, lawyers and judges from East Timor, Japan, Korea, U.S.A. and, of course, other universities

in Australia.

The success of the Centre in 2003 is largely due to the committed work of the Centre’s seven continuing members

of academic staff, Dr Sarah Biddulph, Mr Sean Cooney, Dr Pip Nicholson, Professor Malcolm Smith, Ms Stacey Steele

and Ms Amanda Whiting, together with the Centre’s Manager, Ms Kathryn Taylor. Also of great importance to our

activities are our research assistants, who make a major contribution to the Centre’s activities and, of course, the

Centre’s Ph.D. students.The Centre now has the privilege of supervising the largest single group of Ph.D. students in

the Faculty. Many are also research assistants and some have, in the past, gone on to become tenured members of

Faculty. It is the cooperation between our Ph.D. candidates, our research assistants and our tenured members of staff

that allows our program to be so diverse and rich.

The best example of this is, of course, Asian Law Online, the Centre’s unique database, which in 2003 achieved 11,260

page views per month.This is an exceptional outcome for the Faculty and one which demonstrates the way in which

the Centre has now become an international leader of Asian legal studies among both lawyers, practitioners, judges

and scholars.

The challenge for the Centre in coming years is to maintain this rich diversity of activities and interests and at the same

time to expand them. Areas of obvious interest for the future include South Asia (Pakistan, Bangladesh, India and Sri

Lanka) and the Centre has already begun steps to increase its research work in this area.This follows the new emphasis

in the Centre on the Philippines and Malaysia and in particular, on Islamic studies. It is essential that the Centre be seen

to be not only following a consistent program of research, but also to be responsive to community developments and

needs.This will be possible with the continued support of our academic colleagues,students and research assistants,but

also of course with the support of our sponsors, without whom the Centre could not survive at all.

Professor Tim Lindsey

Director,

Asian Law Centre

April 2005

Director’s ReportAsianLawCentre

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AsianLawCentre5

Goals of the Asian Law Centre

■ To improve knowledge of the laws and legal systems of our region.

■ To support the rule of law in Asia.

■ To promote the development of Asian studies and Asian languages in other disciplines

and to encourage linkages with legal studies.

■ To promote the teaching of Asian legal studies at both graduate and undergraduate levels in Australia,

Asia and elsewhere; and the teaching of Australian law in Asia.

■ To promote exchanges of scholars staff and students between the Law School and Asian

universities and institutions and other institutions elsewhere in the world.

Asian Law Centre Advisory Board

The Advisory Board of the Centre in 2003 included:

Professor Michael Crommelin

Zelman Cowen Professor of Law

Dean, Law School, The University of Melbourne

Mr David Laidlaw

Executive Chairman and Partner, Maddocks

Mr Stephen Spargo

Partner, Allens Arthur Robinson

Mr Richard St. John

Senior Counsel, BHP Limited, representing the University of Melbourne Law School Foundation

The Advisory Board of the Centre has recently been restructured and currently includes:

Professor Ben Boer

Director, Australian Centre for Environmental Law, University of Sydney

Mr Rowan Callick

Asia-Pacific Editor, Australian Financial Review

Professor M.B. Hooker

Faculty of Law, Australian National University

Mr Bruce Johnston


The Asian Law Centre

The Asian Law CentreAsianLawCentre

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Mr David Laidlaw


Professor Abdullah Saeed

Sultan of Oman Professor of Arab and Islamic Studies

Head of Arabic Studies and Islamic Studies, Melbourne Institute of Asian Languages and Societies

Director, Centre for the Study of Contemporary Islam

Professor Malcolm Smith

Professor of Law, Law School, Chuo University, Japan

Mr Stephen Spargo


The current Consultative Group of the Centre includes:

Professor William Alford

Director, East Asian Legal Studies Program, Law School, Harvard University

Mr David Bailey

Barrister, Owen Dixon Chambers

Dr Stephanie Balme

Honorary Research Associate, Department of Government and Public Administration,

Chinese University of Hong Kong

Professor Gary Bell

Director, Asian Law Institute, Faculty of Law, National University of Singapore

Dr Per Bergling

Department of Law, Umea University, Sweden

Mr Greg Churchill

Partner, Ali Budiardjo Reksodiputro, Indonesia

Professor Andrew Harding

Law Program Professor, Centre for Asia-Pacific Initiatives, University of Victoria, Canada

Mr Martin Kudnig

Partner, Blake Dawson Waldron

Professor Richard Mitchell

Professorial Fellow, Faculty of Law, The University of Melbourne

Professor William Neilson

Director Emeritus, Centre for Asia-Pacific Initiatives, University of Victoria, Canada

Professor Raul Pangalangan

Dean, College of Law, University of the Philippines

AsianLawCentre7

Professor Pitman Potter

Director, Chinese Legal Studies, Faculty of Law, University of British Columbia, Canada

Professor Ian Ramsay

Director, Centre for Corporate Law and Securities Regulation, Faculty of Law, The University of Melbourne

Graduate Diploma in Asian Law Advisory Board

The Asian Law Graduate Diploma programme continued to benefit from the professional

input of its Advisory Board, comprising, in 2003:

Mr Jim Armstrong

Partner, Mallesons Stephen Jaques

Mr David Laidlaw


Mr Stephen Spargo


The current Advisory Board of the Graduate Diploma in Asian Law includes:

Mr Hop Dang

Faculty of Law, National University of Singapore

Ms Gitte Heij

Legal Consultant

Director (International Projects), Deacons

Mr David Laidlaw


Professor Abdullah Saeed

Sultan of Oman Professor of Arab and Islamic Studies

Head of Arabic Studies and Islamic Studies, Melbourne Institute of Asian Languages and Societies

Director, Centre for the Study of Contemporary Islam

Mr Stephen Spargo


The Asian Law Centre

Asian Law Centre MembersAsianLawCentre

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DirectorProfessor Tim Lindsey

Dr Tim Lindsey joined the Centre in 1990 and was appointed to the Law School in

1994. He has been Director since 2000. In 2005, he was appointed Professor of Asian

Law. A graduate of the University of Melbourne Law School, Tim completed his

doctoral thesis in Indonesian studies. He teaches Indonesian law, Islamic law, law

reform and economic development theory and traditional customary law. His

research interests are in the areas of Islamic law, commercial law, insolvency law,

constitutional law, comparative law, law reform in developing countries and ‘rule of

law’. He researches and teaches in Indonesian and is a member of the Board of the

Australia-Indonesia Institute. He worked previously at Mallesons Stephen Jaques

and has been a practising member of the Victorian Bar since 1990, now specialising

in Indonesian and East Timorese law.

His publications include Indonesia: Law and Society; Indonesia: Bankruptcy, Law Reform

and the Commercial Court; Corruption in Asia: Rethinking the Governance Paradigm

(with Howard Dick); Indonesia After Soeharto: Prospects for Reform; and Law and Labour

Market Regulation in East Asia (with Sean Cooney, Richard Mitchell and Ying Zhu).Tim

is a Founder and co-Editor of the Australian Journal of Asian Law.

Associate Director (China)Dr Sarah Biddulph

Dr Sarah Biddulph joined the Centre in 1989 on secondment from the firm Blake

Dawson Waldron and was appointed to a lectureship in the Law School in 1991. She

is a graduate of Sydney University in Law and Chinese Studies and completed her

doctorate on administrative detention in China in 2004. Sarah participated in an

exchange of lawyers program in Shanghai under a joint agreement of the Attorney-

General’s Department and the P.R.C. Ministry of Justice, before working at Blake

Dawson Waldron’s Shanghai office from 1998 to 2000.

Sarah’s research and teaching interests are Chinese law and society, administrative

law, criminal procedure law, labour law and other issues affecting social control in

China. She researches and teaches in Chinese.

AsianLawCentre9

Associate Director (Taiwan)Mr Sean Cooney

Mr Sean Cooney joined the Centre in 1992 after four years in legal practice and com-

pleted his LL.M. in Asian law in that year. In 1994, he conducted research at the

National Taiwan University and National Chengchi University in Taiwan. He was

appointed to a lectureship in 1995. Sean’s research interests include East Asian

employment and labour law, democratic transitions and sovereignty issues (with a

particular emphasis on Taiwan), comparative law, and contract and regulatory theory.

He researches and teaches in Chinese and is fluent in French and German.

Sean holds LL.M.degrees from Columbia University and the University of Melbourne and

is currently completing his Columbia doctorate.His publications include Law and Labour

Market Regulation in East Asia (with Tim Lindsey, Richard Mitchell and Ying Zhu), as well

as articles in a range of international journals in English and Chinese. He is currently

examining alternatives to the current system of international labour standards.

Associate Director (Vietnam)Dr Pip Nicholson

Dr Pip Nicholson joined the Centre in 1997 as Associate Director (Vietnam) and was

a Senior Fellow of the Faculty from 1998. She joined the Faculty permanently as a lec-

turer in 2002. A graduate in Law and Arts from the University of Melbourne with a

Masters in Public Policy from the Australian National University, Pip teaches the

Vietnamese legal system in both the undergraduate and graduate programs of the

Melbourne Law School and taught Vietnamese law to a consortium of American law

schools in 2004. Pip also teaches ‘Comparative Law’, Law and Economic Reform in

Asia,‘Fundamentals of the Common Law’ and ‘History and Philosophy of Law I’ and II.

Pip’s doctoral research focused on the Vietnamese court system between 1945 and

1976, in the course of an analysis of the extent to which the Vietnamese legal system

mirrored or diverged from its Soviet parent.

Pip is interested in the challenges of cross-cultural legal research and legal reform -

particularly within Asia. She has recently completed research on corruption within

the Vietnamese court system, the recent round of reforms to the Vietnamese court

system and take-up of labour law reforms in Vietnam. Current projects include analy-

ses of Asian socialist transformation, Vietnamese attitudes to dispute resolution and

a study of the relationship between comparative law theory and legal reform in Asia

and Vietnam.

Pip has worked as a consultant to the Faculty’s international programs and currently

consults on changes in transitional legal systems.

Asian Law Centre Members

Asian Law Centre MembersAsianLawCentre

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Associate Director (Japan)Ms Stacey Steele

Ms Stacey Steele joined the Centre in 1997 as a research assistant and was appointed

Associate Director (Japan) in January 2002. She holds degrees from the University of

Queensland (B.A. (Jap)), Monash University (M.A. (Jap)) and the University of

Melbourne (LL.B. (Hons) and LL.M. (by thesis)) and works as a Senior Associate in the

Financial Services Group at Blake Dawson Waldron.

Stacey recently published a translation of the Law Relating to Recognition and

Assistance for Foreign Insolvency Proceedings for the Ministry of Justice, Japan. Her

research interests are in the areas of Japanese insolvency law, law reform and the

Japanese legal system. Stacey practices Chanoyu (The Way of Tea) and is a member

of the Urasenke Melbourne Chapter.

Associate Director (Malaysia)Ms Amanda Whiting

Ms Amanda Whiting joined the Centre in 1999. She became a co-Editor of the

Australian Journal of Asian Law in 2002. In 2004, Amanda was appointed to the posi-

tion of lecturer in the Faculty of Law and Associate Director (Malaysia) in the Asian

Law Centre.

She has taught in the LL.B courses ‘Land, Race and Law in Southeast Asia’; ‘Law and

Society in Southeast Asia’; ‘History and Philosophy of Law’; and ‘Property’ — and in

the Graduate subject,‘Islamic Law and Politics in Asia’.

Amanda completed her honours degree in Arts at the University of Melbourne in

1981 and then taught seventeenth and eighteenth century history at the University’s

History Department over the next decade. She also has a Diploma of Education

(1988) and a Graduate Diploma of Indonesian (1995) which was partly undertaken at

Universitas Kristen Satya Wacana, Indonesia. She completed her LL.B. with First Class

Honours in 2001. She is currently completing her doctorate - a feminist analysis of

seventeenth century English legal and political history.

Amanda is the author of ‘Situating Suhakam: Human Rights Debates and Malaysia’s

National Human Rights Commission’ (2003) 39 (1) Stanford Journal of International

Law 59. Her current research examines the way that the national human rights com-

missions of Australia, Malaysia, the Philippines, Indonesia and Fiji bring international

human rights norms into the domestic arena and the reception that they receive.

With Dr Carolyn Evans, Amanda is also editing a book about women’s experiences of

the dual regimes of law and religion in the Asia-Pacific region.

AsianLawCentre11

Senior AssociateProfessor Malcolm Smith

Professor Malcolm Smith was Founding Director of the Centre from March 1987 to

June 2000 and became a Senior Associate of the Centre in 2004. He joined the Centre

from the University of British Columbia, Canada, where he was Founding Director of

the Japanese Legal Studies Programme. Professor Smith is a graduate of the

University of Melbourne Law School and Harvard Law School, and specialises in

Japanese Law. He is admitted to practice in Victoria. Professor Smith held the

Foundation Chair in Asian Law in the University until 2004.

In April 2004, Professor Smith was appointed Professor of Law at Chuo University in

Japan and was also appointed Professorial Fellow in the Faculty of Law at the

University of Melbourne.

Professor Smith is a member of the Executive Board of the Australian Centre for

International Commercial Arbitration and the International Trade Law and Business

Committee of the Law Council of Australia. He researches and teaches in Japanese in

the areas of Asian business law, commercial dispute resolution and commercial law.

Centre AdministratorMs Kathryn Taylor

Kathryn Taylor joined the Centre in 1998 as the administrative assistant and became

the Administrator in 2001.She has been an editorial assistant to the Australian Journal

of Asian Law since 2000. Kathryn is also the Project Manager of the Centre’s flagship

database, Asian Law Online.

Kathryn completed her Arts degree with Honours in Chinese from the University of

Melbourne in 1999, after spending 16 months studying Mandarin at National Cheng

Kung University,Taiwan R.O.C. She completed a Master of Management (International

Business) at Monash University in 2001.

Kathryn has also completed a Winter Semester in Chinese Law at the East China

University of Politics and Law. Her research interests include Chinese language and

culture, the Chinese legal system, the current state of China-Taiwan relations and law

reform in Asia.

Asian Law Centre Members

Asian Law Centre AssociatesAsianLawCentre

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Mr Neri ColmenaresMr Neri Javier Colmenares joined the Centre in 2002 as a research assistant and was appointed

as an Associate of the Centre in 2003. He is currently undertaking his Ph.D. on legal system

impediments to human rights prosecution and the International Criminal Court (ICC). He has

been a practicing lawyer since 1996, primarily in criminal law, constitutional law and human

rights litigation. He was the Executive Director of the Philippine National Amnesty Commission

in 1999 and a member of the National Council of the Philippine Coalition for the ICC. He was

involved, both as counsel and a plaintiff, in the human rights class suit against the Ferdinand

Marcos, where the plaintiffs were awarded US $2.1 Billion, one of the largest damages awarded

against a natural person in history.

Neri is also an electoral lawyer and was lead counsel in a Supreme Court petition which result-

ed in the disqualification of all major political parties from participating in the Philippine party

list elections. His research interests include human rights, electoral laws and the party list sys-

tem, alternative dispute resolution, amnesty and the peace process.

Ms Gitte HeijMs Gitte Heij was appointed as an Associate of the Centre in 2003. She has a Masters Degree in

Tax Law from the University of Groningen, The Netherlands. Gitte worked at the Asia Research

Centre at Murdoch University from 1993 to 2001, where she completed a variety of publications

on tax and investment topics in Southeast Asia.

In addition to her work as a researcher, Gitte works as an international/Asian tax advisor to

Australian and European companies. Over the last 8 years she has been involved in various

multi- and bi-lateral aid projects. She currently consults to various organisations, including the

international law firm Deacons, and lectures ‘Asian Comparative Tax Law Systems’ at the Law

Faculty of the University of Melbourne. She is finalising her PhD study on tax law reform in

Indonesia and Vietnam.

Professor M.B. HookerProfessor M.B. Hooker was appointed as an Associate of the Centre in 1997. He is Adjunct

Professor of the Faculty of Law at Australian National University and was previously Professor of

Comparative Law at the University of Kent at Canterbury. He is a Senior Fellow of the Faculty,

teaching ‘Islamic Law and Politics in Asia’ in the Graduate Program.

Professor Hooker is regarded as a world authority on Islamic law and traditional customary law

in Southeast Asia and is a Founder and co-Editor of the Australian Journal of Asian Law. He has

forty years’experience in teaching and writing about Southeast Asia and is the author of Islamic

Law in South-East Asia. He is also the editor of Islam in South-East Asia, A Concise Legal History of

South-East Asia and Laws of South-East Asia.

AsianLawCentre13

Professor Richard Mitchell

Professor Richard Mitchell was appointed as an Associate of the Centre in 1999 and is the

former Director of the Centre for Employment and Labour Relations Law. He is currently a

Professorial Fellow in the Faculty of Law at the University of Melbourne. He has studied labour

law and industrial relations at the University of Melbourne and the London School of

Economics and Political Science. He is joint editor of the Australian Journal of Labour Law and of

the Monographs on Australian Labour Law Series.

Professor Mitchell’s areas of specialisation are labour law systems in the Asia-Pacific Region, the

legal regulation of labour markets and the role of law in the construction of internal labour

markets. His recent publications include Law and Labour Market Regulation in East Asia,

Routledge, London, 2002 (with Sean Cooney, Tim Lindsey and Ying Zhu).

Professor Ian Ramsay

Professor Ian Ramsay was appointed as an Associate of the Centre in 1999. He is the Harold Ford

Professor of Commercial Law in the Law School at the University of Melbourne, where he is

Director of the Centre for Corporate Law and Securities Regulation. He has practised law with

the firms Sullivan & Cromwell in New York and Mallesons Stephen Jaques in Sydney.

Professor Ramsay has published extensively on corporate law issues both internationally and in

Australia. His books include, among others, Ford’s Principles of Corporations Law, Commercial

Applications of Company Law in Singapore and Commercial Applications of Company Law in

Malaysia. In addition, he has published a significant number of research reports, book chapters

and journal articles. Professor Ramsay is also a respected commentator in the media on corpo-

rate governance and corporate law.

Associate Professor Benny Tabalujan

Associate Professor Benny Tabalujan was appointed as an Associate of the Centre in 2003. He

has a Bachelor of Economics and Bachelor of Laws from Monash University and a Master of

Laws and Ph.D. (Law) from the University of Melbourne.

Associate Professor Tabalujan was admitted as a barrister and solicitor of the Supreme Court of

Victoria and the High Court of Australia in 1985. He is currently a director of a private consult-

ing firm and is principal consultant to Indobizlaw.com. He is also a Principal Fellow at the

Melbourne Business School. He is regarded as a leading authority on corporate regulation in

the Southeast Asian region.

Asian Law Centre Associates

Australian Journal of Asian LawAsianLawCentre

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EditorsProfessor M.B. Hooker (see Asian Law Centre Associates, page 12)

Professor Tim Lindsey (see Asian Law Centre members, page 8)

Professor Veronica Taylor

Veronica Taylor is Professor of Asian Law and Director of the Asian Law Center at the University of Washington,

Seattle. She was previously Associate Director (Japan) of the Asian Law Centre at the University of Melbourne.

Professor Taylor is a specialist in commercial law and society in Asia, contracts and regulation. She also has a strong

interest in law and development. Her work on Asian Law includes co-founding the Australian Journal of Asian Law

and editing Asian Laws Through Australian Eyes (Sydney: LBC, 1997).

Ms Amanda Whiting (see Associate Director (Malaysia), page 10)

Editorial Assistants

Ms Fiona Adams

Fiona Adams joined the Centre in 2002 as a research assistant to Professor Tim Lindsey and

in 2003 was appointed editorial assistant to the Australian Journal of Asian Law. Fiona is a

graduate of the University of Melbourne, having completed a Bachelor of Planning and

Design (Planning) [Honours] in 1995. Fiona’s research interests include environmental law

and planning and development in the Asian region. She is currently completing a Bachelor of

Laws at the University of Melbourne.

Mr Jeremy Kingsley

Jeremy Kingsley joined the Centre in 2003 as a research assistant to Professor Tim Lindsey and

editorial assistant to the Australian Journal of Asian Law. Jeremy is a graduate of Deakin University,

having completed a Bachelor of Arts and Bachelor of Laws in 2001.Jeremy is currently a Master of

Laws candidate at the University of Melbourne. Prior to this, Jeremy practiced as a lawyer at a

major city law firm. Jeremy’s research interests include critical comparative law, legal theory,

Islamic law, law reform in Asia (particularly Indonesia and the Philippines) and the application of

interdisciplinary research to legal studies.

Ms Kathryn Taylor (see Asian Law Centre Administrator, page 11)

AsianLawCentre15Research Assistants

Ms Fiona Adams (see Australian Journal of Asian Law Editorial Assistant, page 14)

Mr Luke ArnoldLuke Arnold joined the Centre in 2001 as a research assistant. He is currently completing an

Arts/Law degree at the University of Melbourne with a focus on Indonesian studies, interna-

tional development and labour law. He has spent a significant portion of the last eight years

working, studying and travelling in various Asian countries. His latest position has been as a

consultant to the Jakarta Office of the International Labour Organisation. His current research

interests include the regulation of citizenship and migration in Asia, the impact of transnation-

al labour standards on developing economies and the relationship between law and social cap-

ital in China and Indonesia.

Mr Ross ClarkeRoss Clarke joined the Centre in 2003 as a research assistant to Professor Tim Lindsey. He has

previously worked with Freehills, Melbourne and the Migration Review Tribunal. Ross complet-

ed his Arts/Law (with Honours) degree, majoring in Indonesian, with a Minor in Politics at the

University of Melbourne. He has been working with the Judicial System Monitoring Program in

East Timor since September 2003.

Ross is the author of an influential paper on the Jemaah Islamiyah trials, (2003) “Retrospectivity

and the Constitutional Validity of the Bali Bombing and East Timor Trials”, Australian Journal of

Asian Law, 5(2): 2–32. His research interests include judicial sector reform and human rights pro-

tection in East Timor, Indonesia and Southeast Asia more generally.

Mr Rowan GouldRowan Gould joined the Centre in 2002 as a research assistant to Professor Tim Lindsey. He

completed a double degree in Law and Commerce at the University of Melbourne in 2004.

Before coming to Australia, Rowan lived in Jakarta, Indonesia and is fluent in Bahasa Indonesia.

He has worked as a legal interpreter and facilitator in Indonesian and speaks some Arabic, hav-

ing studied at the University of Jordan. He has travelled in Southeast Asia and the Middle East

and visited Europe and the United States.

Rowan is currently Treasurer of the Islamic Council of Victoria and Director of the Australia-

Indonesia Legal Development Foundation. He also plays kendang in a Sundanese gamelan

ensemble. His interests include legal philosophy, non-Western understandings of law, Islamic

law, Sufism and Asian culture and art (especially music, dance and martial arts).

Research AssistantsAsianLawCentre

16

Mr Mohamad Hafiz Hassan

Hafiz Hassan joined the Centre in 2002 as a research assistant.An Advocate and Solicitor of the High

Court of Malaya in Malaysia and a Syariah Counsel in the Syariah Courts, Hafiz completed his law

degree at the International Islamic University, Malaysia (IIUM) in 1992. He subsequently graduated

with a Master of Comparative Law (MCL) from the same university. Hafiz also holds a Diploma in

Syariah & Legal Practice (DSLP) and practises as a Syariah Counsel in the Syariah Courts in Malaysia.

He is currently undertaking a Ph.D. at the Faculty of Law at the University of Melbourne.

Hafiz has lectured at the Faculty of Law, IIUM and writes weekly for a Malay language daily in Singapore on the

Syariah. His interests are in the syariah, comparative law, conflict of law and legal pluralism.

Mr Charlie Huang

Charlie Huang joined the Centre in 2003 as a research assistant to Dr Sarah Biddulph. He is currently completing a

Commerce/Law degree at the University of Melbourne. Charlie has worked in both Australia and Taiwan as an inter-

preter and translator in a variety of Chinese dialects, including Mandarin, Cantonese, Hokkien and Hakka. He has also

studied Japanese for many years. His research interests revolve around the legal and political relationships between

China, Hong Kong and Taiwan.

Mr Jeremy Kingsley (see Australian Journal of Asian Law Editorial Assistants, page 14)

Ms Diana Muljanto

Diana Muljanto joined the Centre in 2003 as a research assistant to Professor Tim Lindsey. She

is currently completing a Commerce/Law degree at the University of Melbourne.Diana grew up

in Indonesia, is fluent in Bahasa Indonesia and has worked as an interpreter in that language.

Her research interests include development and economic and socio-political issues. Diana

aims to conduct further studies in the area of international law and dispute

resolution. She has particular interests in cultural diversity, as well as performance and fine art.

Mr Nguyen Hien Quan

Nguyen Hien Quan joined the Centre in 2003 as a research assistant. Quan is currently under-

taking doctoral studies in commercial dispute resolution in Southeast Asia. He holds a Master

of Comparative Law from the University of Queensland, a Bachelor of Laws from the School of

Law at the Vietnamese National University and a Bachelor of Commerce from the College of

Foreign Trade in Vietnam.

A former journalist with the Saigon Times Group and a legal expert with the Ministry of Foreign

Affairs in Vietnam,where he practiced private international law,he is also a member of the Lawyers’

Association in Ho Chi Minh City,Vietnam.His research interests lie in law and economics,alternative

dispute resolution and contract law in Southeast Asia.

AsianLawCentre17

Ms Helen Pausacker

Helen Pausacker joined the Centre in 1999. She is an Arts graduate of the University of

Melbourne (B.A. (Hons.), B.Litt. and Grad. Cert. in Gender and Development) and Monash

University (M.A.).

Her research interests include Indonesian culture and, in particular, Javanese tradition. Helen

works as a research assistant for Professor Tim Lindsey and is involved in editing articles and

translating Indonesian legal texts.

Ms Kerstin Steiner

Kerstin Steiner joined the Centre in 2001 as a research assistant. She is also the Research

Manager of Asian Law Online. Kerstin holds a Bachelor of Laws from the University of Bielefeld

in Germany. In 2002 she completed her Masters of Laws at the University of Melbourne, focus-

ing on Asian and comparative law.

Kerstin is currently undertaking doctoral studies on “Western Human Rights and Asian Values

— Are the Differences Real?”, which compares the different notions of human rights with an

emphasis on ‘Asian Values’. Her research interests include comparative law, Asian law and

international law.

Mr Philip Tang

Philip Tang joined the Centre in 2003 as a research assistant to Professor Tim Lindsey. He is

currently completing a Commerce/Law degree at the University of Melbourne, majoring in

accounting and international commerce. Having grown up in Hong Kong, he is fluent in

Cantonese and has worked as an interpreter in that language.

Philip’s research interests include taxation law, law and developing economies in Southeast Asia

and international law.

Research Assistants

Asian Law Centre Finances & SponsorsAsianLawCentre

18

The Centre receives administrative support from the University of Melbourne of $5,000.The salaries of academic staff

members of the Centre are borne by the Faculty,as members undertake standard teaching obligations in the Faculty.

The Asian Law Centre’s research activities in 2003, including salaries of research assistants, were therefore funded

largely from research grants and donations by our sponsors. We thank the following sponsors for their donations in

2003, which are essential to our research program and our public seminar activities (see ‘Brown Bag’ Seminar Series

and Occasional Seminar Series, below). The Centre could not function without the support of these sponsors.

The following donors also supported the activities of the Centre in 2003:

■ Young Kim Lawyers

■ Professor Kazuhiro Nishida, Faculty or Law, Economics and Humanities, Kagoshima University, Japan

■ Mr David Weil, Tress Cocks and Maddox

AsianLawCentre19Asian Law Centre Finances & Sponsors

Grants Received (alphabetical order)

Sarah Biddulph

Sean Cooney

Tim Lindsey

Pip Nicholson

Pip Nicholson

2003–2007

2001–2003

2002–2004

2002–2003

2003

Large collaborative

grant from Social Sciences and Humanities

Research Council

ARC Large Grant

ARC Discovery Grant

Faculty of LawGrant

ISSS Grant

Cross Cultural Dispute Resolution

Rethinking International LabourStandards: Prospects for Australia and the

Asia-Pacific

Islamic Law inContemporary

Indonesia

To update and expand

Asian Law Online

Law and Governance:Socialist Transforming

Vietnam(Conference)

University of British Columbia,

Canada

ProfessorRichard Mitchell

Professor M.B. Hooker (ANU)

AssociateProfessor

John Gillespie(Deakin)

CAD$2.2 millionoverall project

total

A$82,000

A$139,270

A$4,000

A$7,269.60

ALC Member Years Type of Grant Title Collaborator Amount

ConferencesAsianLawCentre

20

Law and Governance: Socialist Transforming Vietnam(with the School of Law, Deakin University)

12–13 June

Lecture Theatre 102, Level 1, Melbourne Law School

“Law and Governance: Socialist Transforming Vietnam” was jointly convened by the Asian Law Centre at the

University of Melbourne and the School of Law at Deakin University on 12–13 June, 2003. Speakers from Australia,

Canada, Hong Kong and Vietnam presented papers, with more than 40 people attending.

Although Vietnam adopted a renovation policy in 1986, no conference has explicitly debated the impact of social-

ism on Vietnam’s legal reform. Adopting ‘socialism’ as its focus, this international conference provided a stimulating

discussion of Vietnamese jurisprudence; good governance; transitional legal institutions (National Assembly and

courts); administrative law; legal education; the relationship between Church and State; the challenge of domesti-

cating international law; and reform of the state-owned enterprise sector. Comparisons with China also helped to

illuminate some of these issues.

Selected conference papers will be edited and form part of a book to be released by Asia Pacific Press, titled Asian

Socialism and Legal Change:The Dynamics of Vietnamese and Chinese Reform.This book will analyse the political, struc-

tural and cultural impediments to legal sector development in Vietnam, in light of comparative experience.

For more information, including conference abstracts and some conference papers, see

http://www.law.unimelb.edu.au/alc/conferences/conf_2003/papers.html

Rear: Mr Nguyen Hung Quang, Dr Pip Nicholson, Associate Professor John Gillespie,Professor Martin Painter

Front: Professor Veronica Taylor, Ms Bui Thi Bich Lien, Mr Nguyen Chi Dzung

Ms Bui Thi Bich Lien

Left to right: Dr Pip Nicholson,

Associate Professor John Gillespie

and Professor Malcolm Smith

AsianLawCentre21Major Activities & Events

Public Lecture — The New Chinese Empire(with Asialink and the Melbourne Institute of Asian Languages and Societies)

Monday 21 July, 6:30–8:00pm

Basement Theatre, Sidney Myer Asia Centre

On Monday 21 July, Asialink, the Melbourne Institute of Asian Languages and Societies

and the Asian Law Centre jointly convened a major Public Lecture by Dr Ross Terrill on

“The New Chinese Empire”.

A new society and economy has blossomed in post-Mao China, but an old state holds it back. The Chinese dynastic

state’s blend of idealism and realism, attachment to doctrine, paternalism, and obsession with unity has continued

to shadow ‘revolutionary China’.

Dr Ross Terrill (Associate in Research, Fairbank Center for East Asian Research, Harvard University), addressed the

question central to China today: Is the People’s Republic of China, whose politics is a hybrid of Chinese imperial tra-

dition and Western Marxism, willing to become a modern nation or does it insist on remaining an empire?

Farewell Afternoon Tea for Visiting ScholarsThursday 28 August, 4:30–5:30pm

Staff Common Room, Room 0924, Level 9, Melbourne Law School

On Thursday 28 August, the Asian Law Centre (ALC) and the Centre for Employment and Labour Relations Law

(CELRL) hosted an afternoon tea to farewell two visiting scholars: Associate Professor Kazuhiro Nishida, a visitor to

the ALC and Mr Robert Sun Luo, a visitor to the CELRL. Staff and students of both Centres attended.

Associate Professor Kazuhiro Nishida from the Faculty of Law, Economics and Humanities at Kagoshima University,

Japan, visited the ALC from 1 September 2002 until 31 August 2003. His research interests include social security law,

social welfare law and medical law.

Mr Robert Sun Luo, from Nankai University in the People’s Republic of China, visited the CELRL from January to

September 2003.

Ms Chenxia Shi, Mr Robert Sun Luo,Ms Elena Goodey and Ms Kathryn Taylor

Ms Maki Kuwana and Professor Kazuhiro Nishida

Professor Richard Mitchell and Mr Robert Sun Luo

Judge Takashi Nakajima, Professor Malcolm Smith, Professor Kazuhiro Nishidaand Ms Maki Kuwana

Mr Robert Sun Luo with Chinese postgraduate students

AsianLawCentre22 Major Activities & Events

Workshop — Problems with Comparative Law:Labour Regulation in Asia

(with the Centre for Employment and Labour Relations Law)

Thursday 2 October, 1:00–5:00pm

Room 0920, Level 9, Melbourne Law School

A Workshop on “Problems with Comparative Law: Labour Regulation in Asia “ was convened by the Asian Law Centre

(ALC) and the Centre for Employment and Labour Relations Law (CELRL) at the University of Melbourne on Thursday

2 October, 2003. Members of both Centres presented papers, with more than 30 people attending.

Labour conditions in many East Asian countries are often poor; stories of abuses are commonly reported in the

press. It would seem that local laws frequently do not provide much assistance to workers. Is this because the laws

themselves are inadequate, or because laws exist only ‘on the books’ and have little practical effect?

Scholars from the ALC and the CELRL at the University of Melbourne considered

the working conditions and industrial relations in various Asian countries; the

theoretical implications; the part development and future of labour law in the

region; and the implications for labour law in other regions.

This workshop drew on Law and Labour Market Regulation in East Asia, edited by

Sean Cooney, Tim Lindsey, Richard Mitchell and zhu Ying (Routledge, 2002).

Law and Labour Market Regulation in East Asia

Professor Richard Mitchell and Professor Tim Lindsey

Mr Sean Cooney Mr Colin Fenwick

AsianLawCentre23

Public Event – Islam, Terrorism and Indonesia(with the Melbourne Institute of Asian Languages and Societies)

Wednesday 15 October, 6:15-8:00pm

Lecture Theatre G08, Ground Level, Melbourne Law School

1. Hating the West: The Psycho-Religious Motivations of the Bali Bombers— Dr Greg Fealy

2. The Jemaah Islamiyah Trials: Can Indonesia Cope?— Professor Tim Lindsey

On Wednesday 15 October, the Asian Law Centre and the Melbourne Institute of Asian Languages and Societies

jointly convened a public event on “Islam, Terrorism and Indonesia”.

Late on the night of 12 October 2002, Ali Imron walked into a mosque in Denpasar and performed a prayer of thanks.

Shortly beforehand he had heard the massive bomb blast at the Sari Club and felt the ground shake. He had played

a key role in assembling the bomb and knew that many people at the crowded club must have been killed or injured

in the explosion. He would later say he was ‘pleased and proud that the device he had built had exploded horrify-

ingly with its blaze reaching into the sky’ and that ‘the bomb . . . was truly the great work of Indonesia’s sons’.

The bomb at the Sari Club, along with a smaller preceding explosive at the nearby Paddy’s Bar, killed 202 people and

seriously injured another 350, making it the deadliest terrorist attack since 9/11. Preliminary analysis of what the

accused bombers have said about the case suggests that they were motivated primarily by a deep hatred of the non-

Muslim West, particularly the United States.

The attitude and motivation of Ali Imron and his fellow accused ‘Bali bombers’ from the Jemaah Islamiyah movement

deserves close attention, not only to enable scholars of Islam and terrorism to understand the specific dynamics of

Southeast Asian extremism,but also to provide governments with a basis for designing effective anti-terrorism policies.

Professor Tim Lindsey considered how the Jemaah Islamiyah bombers and Abu Bakar Ba’asyir, their alleged spiritu-

al leader, have defended their actions at trial and how governments have responded. Tim Lindsey is Director of the

Asian Law Centre (see Asian Law Centre Members, page 8). With Professor M.B. Hooker, he is currently writing a book

titled Islamic Law in Indonesia: The National Mazhab, funded by their joint ARC Grant.

Dr Greg Fealy explored the ideology and psychology of the perpetrators and sought to place JI in a broader context

of terrorist typologies. Greg Fealy holds a joint appointment as research fellow and lecturer in Indonesian politics at

the Research School of Pacific and Asian Studies, and the Faculty of Asian Studies,The Australian National University,

Canberra. He is currently studying the rise of Islamic neo-revivalism in Indonesia, as well as the impact of globalisa-

tion upon religio-political behaviour. He gained his Ph.D. from Monash University in 1998 with a study of the history

of Indonesia’s largest Islamic party, recently published in Indonesian under the title Ijtihad Politik Ulama: Sejarah NU,

Major Activities & Events

Major Activities & EventsAsianLawCentre

24

1952–1967. He is the co-editor of Nahdlatul Ulama, Traditionalism and Modernity in Indonesia and Local Power and

Politics in Indonesia: Decentralisation and Democratisation. In 2003, he was the C.V. Starr Visiting Professor in

Indonesian Politics at the Johns Hopkins University School of Advanced International Studies in Washington DC and

has worked as an Indonesia analyst at Australia’s Office of National Assessments.

Mr Damien Carrick from the Law Report, Radio National chaired the event, which was attended by almost 80 people,

including law firm representatives, academics, members of the local Indonesian community and students.

Public Event – Islam, Terrorism and Indonesia(continued)

Professor Tim Lindsey

Dr Greg Fealy

AsianLawCentre25

The Asian Law Centre regularly hosts ‘Occasional Seminars’ by distinguished scholars and leading practitioners

on current Asian legal issues.

Indonesia’s 2004 Elections: Can the New System Work?Thursday 21 August, 6:00–7:30pm


The Asian Law Centre hosted a seminar by Dr Stephen Sherlock on Thursday 21 August on the then upcoming

Indonesian elections.

In 1999, Indonesia had its first truly democratic election in over 40 years. Yet in the past two years the electoral sys-

tem has undergone a complete overhaul. Constitutional amendments have provided for the first direct election of

the President and altered the relationships between the basic institutions of state. New laws for legislative and

Presidential elections mean that the 2004 elections will be conducted very differently from the election of 1999.

Dr Sherlock argued that the new system is an important historic achievement for Indonesia, which will change the

workings of government in Indonesia in fundamental ways. Nevertheless, serious thinking about how the system

will shape the behaviour of the Indonesian electorate and the formation of coalitions amongst powerful groups had

barely begun.The new system will probably work, in the sense that a new legislature and executive government will

emerge (provided the interests of the major parties are satisfied), but the intent of the law-makers has clearly been

to maintain the stranglehold of existing political players, most of whom are products of the New Order.Serious ques-

tions remain about the capacity of the system (especially the new electoral laws) to deal with regional and separatist

sentiment throughout the archipelago and to allow for the emergence of new political forces in future years.

Dr Stephen Sherlock is an analyst on Indonesian affairs in the Australian Parliament, providing both publicly-avail-

able and confidential analysis for MPs and parliamentary committees. He has worked as a governance adviser at the

World Bank in Jakarta and as a consultant for various international aid agencies and NGOs on political reform in

Indonesia. He holds Ph.D. and M.A. degrees in Asian History from the University of Sydney.

Associate Professor Benny Tabalujan, an Associate of the Asian Law Centre, chaired the seminar, which was attend-

ed by more than 35 people, including law firm representatives, academics, members of the local Indonesian com-

munity and students.

Occasional Seminar Series

Dr Stephen Sherlock

Occasional Seminar SeriesAsianLawCentre

26

My Two Yen’s Worth: A Lawyer’s Perspective on the JapaneseEconomic Bubble and the Legal Response Over the ‘Lost Decade’Wednesday 17 September, 6:00–7:30pm


The Asian Law Centre hosted a seminar by Mr Kent Anderson on Wednesday 17 September on the legal perspective

of Japan’s economic rise over the late 1980s and its malaise since 1992 – the so-called ‘Lost Decade’.

The factors that contributed to the so-called Japanese Bubble Economy from 1985 to 1991 were considered on a macro

scale. Next, he identified the legal responses the Japanese government has implemented to address the recession that

followed. He concluded by arguing that Japan’s response has been neither as chaotic as suggested by some observers,

nor as unified as others claim. Rather, he argued that Japan’s reforms might be seen as three separate phases, each try-

ing to accomplish a distinct, though complementary, goal. With the present third phase of legal reform coming to an

end, its success or failure will determine whether yet another wave of law reform will be necessary.

Kent Anderson is a senior lecturer in the Faculty of Law and Faculty of Asian Studies at the Australian National

University (ANU) and a Director of the Australian Network for Japanese Law (ANJeL). He convenes ‘Bankruptcy &

Insolvency’ and ‘Japanese Law & Society’ at ANU. Kent’s research has largely focused on comparative commercial law,

particularly with regards to Japan;conflict of laws; insolvency;and law and film studies.His articles have been published

in English and Japanese and in Australia, Japan, North America and Europe.Following an eclectic legal education in the

U.S., U.K. and Japan, Kent was first a marketing manager with a regional airline in the United States and later a lawyer

specialising in international transactions and debt restructuring with a large commercial firm in Honolulu. He was

recently appointed Associate Professor and the only foreign faculty member at Hokkaido University School of Law.

Mr Kengo Miyamoto, a qualified lawyer in Japan (bengoshi), commented on Kent Anderson’s paper. Kengo current-

ly works in the Corporate Advisory Group at Blake Dawson Waldron (BDW). Before joining BDW, Kengo worked for a

law firm in Tokyo practising in the area of international business transactions, finance and insolvency. He graduated

from Waseda University School of Law (Tokyo) with an LL.B. in 1990 and from Cornell Law School (New York) with an

LL.M. in 2002.

Approximately 20 people attended the evening seminar,

including law firm representatives, academics, members

of the local Japanese community and students.

Mr Kent Anderson

AsianLawCentre27

The Asian Law Centre regularly hosts its lunchtime ‘Brown Bag’ Seminars. In this series, postgraduates, academics

or visitors who are researching and writing on Asian legal topics present papers on work in progress or rehearse

a conference or article submission.The forum provides a collegial atmosphere for peer feedback.

Refugees, Statelessness and the Challenges of Locating CitizenshipWednesday 12 March, 1:00–2:15pm


Hoi Trinh and Matt Swainson talked of the plight and legal position of stateless citizens. In particular, they drew on

their current understanding of the position of Vietnamese refugees in Manila. Experienced in policy development

and lobbying, the speakers invited debate on how best to cope with the increasing numbers of stateless citizens

globally.“In Limbo”, a documentary film on the forgotten Vietnamese refugees, was shown during the seminar.

Hoi Trinh, a graduate of the Universities of Melbourne and Oxford, is currently the Chief Representative of the Legal

Aid Office of the Vietnam Community in Australia, based in Manila. Having graduated in 1994, Hoi worked as a cor-

porate solicitor in Melbourne and Hanoi. After working as the associate to Justice Kenny of the Federal Court of

Australia, and completing graduate studies in forced migration at Oxford, Hoi returned to Manila to focus on human

rights work. Hoi is a well-known activist, promoting the plight of stateless citizens and arguing for more compas-

sionate policies. Hoi publishes on statelessness and forced migration and regularly lobbies governments, both

Australian and international.

Matt Swainson is also based in Manila’s Legal Aid Office of the Vietnam Community in Australia. Matt has a back-

ground in litigation and, on his return to Australia in late 2003, took up a position with Sparke Helmore, combining

his new practice with refugee and advocacy work.

‘Brown Bag’ Seminar Series

Mr Hoi Trinh

‘Brown Bag’ Seminar SeriesAsianLawCentre

28

Islamic Law in Aceh:Institutionalised Fundamentalism in Southeast Asia?Thursday 3 April, 1:00–2:15pm


During recent research in Aceh, Indonesia’s rebellious and most religiously-conservative province, Professor Tim

Lindsey and Centre Associate, Professor M.B. Hooker, met with the architects of Aceh’s new Islamic legal codes.These

are the most wide-ranging and potentially ‘fundamentalist’ in Southeast Asia.They create bans on alcohol, force the

wearing of ‘Islamic costume’, make it mandatory to pray and introduce strict new corporal punishments.

Aceh has long been known as ‘Mecca’s Verandah’. Do these new laws and the recent opening of Indonesia’s first

‘Syariah Court’ signal the rise of Middle Eastern fundamentalism in Australia’s near North?

Policing the Chinese ‘Political’Wednesday 14 May, 1:00–2:15pm


This paper attempted to show the importance of maintaining the fossilised structures of Maoist policing, not only

for pragmatic reasons, but also because they actually disguise the nature of a fundamental shift that has taken place

in China.That shift wasn’t just out of the planned economy and into a ‘socialist market economy’ (as the Chinese call

their version of capitalism). Rather, it was something even more fundamental. In essence, it was argued that the

memory of Maoism operated, particularly in the early days of economic reform, and particularly for members of the

Communist Party, to disguise not just the death of Maoism, but the death of what the political theorist Carl Schmitt

would call, ‘the political’.

Michael Dutton is Associate Professor in the Department of Political Science at the University of Melbourne, where

he has taught since 1990. Prior to this, he taught in the Department of Asian Studies at the University of Adelaide

and in the School of Humanities at Griffith University.

Michael’s research interests are characterised by a strong interest in contemporary social and cultural theory, partic-

ularly in China. He also has a long-standing interest in the political history of socialist policing and control in China.

Michael’s publications include Streetlife China (Cambridge University Press, 1998), as well as numerous journal arti-

cles. He is co-editor of the Postcolonial Studies journal.

Associate Professor Michel Dutton

AsianLawCentre29

Dispute Resolution, the Bargain and Game TheoryWednesday 28 May, 1:00–2:15pm


Negotiation on dispute resolution methods is integral to the successful performance of complex commercial trans-

actions (for example, infrastructure) but the theory of negotiation of dispute resolution methods is not sufficiently

studied. For example, why do parties choose specific forms of dispute resolution? How do negotiated mechanisms

affect future dispute resolution?

Nguyen Hien Quan used bargaining theory to explore how pre-dispute negotiation in complex commercial trans-

actions may affect the bargaining position of parties in future disputes. He considered not only litigation but also

arbitration and other forms of ADR. Analysis is based on the concept of the ‘bargaining zone’ and the distribution of

costs and information during the process of dispute resolution. Quan’s research seeks to apply these ideas to com-

mercial disputes in Asia.

Nguyen Hien Quan is currently undertaking doctoral studies in commercial dispute resolu-

tion in Southeast Asia. He is also an Asian Law Centre research assistant (see Asian Law Centre

Research Assistants, page 16).

Does Anyone Know What Law Applies in East Timor — Portuguese or Indonesian? The Dos Santos DecisionThursday 7 August, 1:00–2:15pm


When East Timor obtained independence from Indonesia in 1999, the question of what laws would apply in the new

Republic was left unresolved, or at least uncertain. Indonesian law had been applied during the 25 years of occupa-

tion and was widely understood but Portugal remained the administering colonial state according to the United

Nations. In July, East Timor’s new Court of Appeal decided in the Armando dos Santos case that Portuguese law had

applied for the last thirty years and still applied,with the result that every transaction or conviction under Indonesian

law may now be invalid.This has created legal chaos in East Timor, which has been using Indonesian law since inde-

pendence. The District Courts reject the Court of Appeal’s decision and so two radically different systems of law are

now being applied by two different courts. Who is right and can the mess be resolved?

Tim Lindsey is Director of the Asian Law Centre at the University of Melbourne and Associate Dean (International)

of the Faculty of Law. (see Asian Law Centre members, page 9).


‘Brown Bag’ Seminar SeriesAsianLawCentre

30

Will Amrozi Walk Free? Retrospectivity and the Bali Bomb TrialsWednesday 20 August, 1:00–2:15pm


Both the Bali bombing trials and the trials of Indonesia’s ad hoc Human Rights Court for East Timor have been

clouded in uncertainty due to a recent constitutional amendment which prohibits retrospective prosecution.

Alarmingly, the prosecuting legislation in both sets of trials was enacted retrospectively and therefore clearly

breach the Constitution. Arguments have been raised supporting the constitutional validity of the trials, however

these are far from persuasive. The issue of retrospectivity will be central to any appeals,

and from a strictly legal perspective, judges may have no other option but to overturn

any convictions. Of course, there will be immense political pressure not to do so, how-

ever, as it currently stands, Amrozi and those convicted of crimes against humanity in

East Timor have a very real possibility of overturning their convictions.

Ross Clarke is a Research Assistant (See research assistants, page 16) at the Asian Law

Centre and was then with Freehills, Melbourne.

Changes and Challenges in Japanese Criminal JusticeMonday 1 September, 1:00–2:15pm


This talk explored some of the achievements and costs of doing criminal justice in the Japanese way. After sum-

marising the major themes that have characterised Japanese criminal justice for the last four decades, Professor

Johnson examined the social changes and challenges that Japan will confront as it administers criminal justice in the

twenty-first century. Professor Johnson argued that there is likely to be more change over the next forty years than

there has been in the preceding forty. Japan’s criminal justice environments — the social, economic and political

contexts which shape the administration of criminal sanctions — are evolving in ways that may force major adjust-

ments to the Japanese way of justice.

David T. Johnson is an Associate Professor of sociology at the University of Hawaii, Manoa, where he teaches

criminology and Japanese society. He has a Ph.D. in Jurisprudence and Social Policy from the University of

California, Berkeley. David’s specialty is Japanese prosecution, his study of which recently culminated in the highly-

praised book, The Japanese Way of Justice: Prosecuting Crime in Japan (OUP, 2002). David’s other publications include

the widely discussed review essay, (1993) “Authority with Power: Haley on Japan’s Law and Politics”, Law and Society

Review, 27: 619. David is currently a Fulbright Fellow at Waseda University in Tokyo, Japan.

Associate Professor David T Johnson

AsianLawCentre31

How Asian Are ‘Asian Values’? South Africa’s Apartheid Regime and ‘Asian Values’ — Too Close for Comfort?Wednesday 17 September, 1:00–2:15pm


‘Asian Values’entered the ideological battleground of human rights at the end of the cold war era.On 2nd April 1993,

34 Asian governments signed the Bangkok Declaration, which laid down the foundation for the ‘Asian Values’ argu-

ments. Since then various heads of Asian governments, including Dr Mahathir of Malaysia, Lee Kuan Yew of

Singapore and Soeharto of Indonesia, have relied upon the ‘Asian Values’ argument to defy Western criticism of

human rights abuses. In essence, the ‘Asian Values’ argument denies the universality of human rights on the grounds

of state sovereignty, cultural relativism and primacy of economic development.

However, these arguments did not originate in Asia. South Africa’s apartheid regime, for example, used the same

arguments to defy criticism of its human rights abuses. The roots of South Africa’s arguments can clearly be traced

back to the Dutch Calvinist settlers. The ideologies underlying ‘Asian Values’ are as much Western colonial creations

as they are ‘Asian’.

Kerstin Steiner is currently undertaking doctoral studies at the University of Melbourne. Her thesis topic is “Western

Human Rights and Asian Values — Are the Differences Real?” She is also a research assistant of the Asian Law Centre

(see Asian Law Centre Research Assistants, page 17).


Melbourne Asia Policy PapersAsianLawCentre

32

The Melbourne Asia Policy Papers are an important new initiative of

the Asian Law Centre, the Melbourne Institute of Asian Languages

and Societies, the Asialink Centre, the Asian Economics Centre and

the Australian Centre for International Business at the University of

Melbourne.

The Melbourne Asia Policy Papers were launched in 2003 and aim to

strengthen Australia’s engagement in Asia through the publication and

dissemination of a series of non-partisan policy option papers.

At these workshops, business, academic and government specialists

debate a series of draft policy options prepared beforehand for discus-

sion. Following the workshop, the invited author produces a concise, 10-

page policy paper for publication and distribution among leading gov-

ernment, media, academic and business officials in Australia.

The topics covered so far include:

■ The US-Australian Alliance: Professor Paul Dibb AM, Head, Strategic and Defence Studies Centre, Research

School of Pacific and Asian Studies, The Australian National University (6 December 2002).

■ Enforcing International Human Rights Post-September 11th: Professor Tim McCormack, Foundation Australian

Red Cross Professor of International Humanitarian Law,Faculty of Law,The University of Melbourne (6 March 2003).

■ Australia’s Economic Diplomacy in Asia: Professor Peter Lloyd, Ritchie Professor of Economics, The University of

Melbourne (21 May 2003).

■ North Korea’s Nuclear Program: Getting Perspective and Weighing Policy Options: Dr Paul Monk, Co-founder

and Principal, Austhink (30 September 2003).

■ The US, Taiwan and the PRC: Managing China’s Rise — Policy Options for Australia: Professor Hugh White,

Professor of Strategic Studies, The Australian National University (5 November 2004).

Further information about the Melbourne Asia Policy Papers can be found at:

http://www.asialink.unimelb.edu.au/cpp/policypapers/index.html

AsianLawCentre33

Asian Law Online — http://www.law.unimelb.edu.au/alc/bibliography

Asian Law Online was developed by the Asian Law Centre and launched in 2002, after five years of research. It

has been supported by grants from the Australian Research Council, a Special Initiatives Grant in 1998 and the

‘Asian Laws in Transition’ ARC Large Grant in 1999.

Asian Law Online is the first online, searchable bibliographic database of Asian law materials in the world. Offered to

the public as a service to assist students and scholars of Asian legal systems, it is the biggest collection of English lan-

guage materials on Asian laws available throughout the world and includes books, chapters in books, journal articles

and theses.

The database is organised according to countries in East Asia and a selection of basic legal areas. It can be searched

for any word or a more specific advanced search can be conducted.The database is also linked to a list of useful web-

sites, categorised by country and legal area (see Useful Research Links below).

The Co-Directors of Asian Law Online are Professor Tim Lindsey and Dr Pip Nicholson. Ms Kathryn Taylor is the Project

Manager of Asian Law Online and Ms Kerstin Steiner is the Research Manager.

Multimedia IT

2002–2004 ASIAN LAW ONLINE STATISTICS

Multimedia ITAsianLawCentre

34

The Asian Law Online website, which can be accessed at http://www.law.unimelb.edu.au/alc/bibliography, received

135,123 page views in 2003, with an average of 11,260 page views per month — extremely high figures for any

Faculty site.The Browse menu alone represented 82.3% (111,171) of these page views.The usage of Asian Law Online

has increased by approximately 188 percent since 2002, when it received 46,766 page views. These statistics are

proof of the immense value and growing popularity of this searchable database amongst academics, researchers,

practitioners and students, both Australian and international.

Useful Research LinksLinked to Asian Law Online, the Useful Research Links website is a searchable database of useful websites.

Asian Law Centre Website — http://www.law.unimelb.edu.au/alcThe Asian Law Centre website at http://www.law.unimelb.edu.au/alc is now a useful resource for academics,

researchers, practitioners and students, both Australian and international. New publications and recent and forth-

coming events are clearly posted on the Centre’s main homepage.

The Centre has also translated the ‘Welcome to the ALC’ section of the website into Bahasa Indonesia, Japanese and

Vietnamese. This provides international visitors to the website with a broad overview of the Centre’s research and

activities. Articles in Asian languages are also posted on the relevant website. The site will also be translated into

Chinese (both simplified and traditional characters), Korean and Arabic in the near future.

Law and Finance Institutional Partnership — http://www.lfip.orgThe Asian Law Centre provides support to interactive live, online law teaching in Indonesia for under-resourced uni-

versities through the Law and Finance Institutional Partnership (LFIP).

Led by Associate Professor David Linnan from the School of Law at the University of South Carolina and a frequent vis-

itor to the Asian Law Centre, LFIP is a joint initiative between the University of Indonesia Graduate Law Program

(Program Pasca Sarjana Fakultas Hukum UI),the Jakarta Stock Exchange (Bursa Efek Jakarta) and the University of South

Carolina. As of July 2002, LFIP included five new Indonesian and foreign university partners: Gadjah Mada University

Graduate Law Program (UGM Program Hukum Bisnis dan Kenegaraan), the University of Washington Asian Law

Program, the Asian Law Centre at the University of Melbourne, the Centre for Asia-Pacific Initiatives at the University of

Victoria, Canada and Lehrstuhl II of the Kriminalwissenschaftliches Institut at the University of Cologne, Germany.

This Partnership provides a content-

based distance education network for

graduate law programs, relying on

instructional videoconferencing and

web-based materials. LFIP can be

accessed at http://www.lfip.org.

AsianLawCentre35Multimedia IT

Visiting Scholars 2003AsianLawCentre

36

Date of Visit Visiting Scholar

1 September 2002 Associate Professor Kazuhiro Nishida,– 31 August 2003 Okayama University (previously, Kagoshima University)

23–25 February Professor Koichi Nakatomi, Faculty of Law, Okayama University, Japan

23 April 2003 Mr Guan Yisheng, Central University of Finance and Economics,– 23 April 2004 People’s Republic of China

15 June–23 August Mr Shankar Prasad, Doctoral Candidate in Political Science, Brown University, U.S.A.

1 July 2003 Judge Takashi Nakajima, Osaka District Court, Japan– 30 June 2004 (as part of the Supreme Court of Japan’s “Overseas Training and Research Program”)

1 August Associate Professor Jianfu Chen,– 31 December Faculty of Law, La Trobe University

4 August Delegation from the Procedural Law Research Center,China University of Political Science and Law (CUPL), People’s Republic of China

■ Professor Chen Guangzhong, Professor of Law, Honorary Director,Procedural Law Research Center, CUPL

■ Professor Fan Chongyi, Professor of Law, Director, Procedural Law Research Center, CUPL

■ Professor Song Yinghui, Professor of Law, Executive Deputy Director,Procedural Law Research Center, CUPL

■ Associate Professor Yang Yuguan, Associate Professor,Procedural Law Research Center,CUPL

21–23 August Dr Stephen Sherlock, Information and Research Services,Parliamentary Library, Parliament of Australia

31 August Professor David Johnson, Associate Professor of Sociology, Adjunct Professor of Law,– 1 September University of Hawaii at Manoa, U.S.A.

4 September 2003 Professor Jeong-hu Kim,– 30 June 2004 College of Law, Kangwon National University, Korea

17–18 September Mr Kent Anderson, Senior Lecturer, Faculty of Law and Faculty of Asian Studies,The Australian National University

15–16 October Dr Greg Fealy, Research Fellow and Lecturer in Indonesian Politics,Research School of Pacific and Asian Studies and Faculty of Asian Studies,The Australian National University

AsianLawCentre37

24 October Delegation from the China University of Politics and Law (CUPL), People’s Republic of China

■ Professor Xu Xianming, President, Professor of Law, CUPL

■ Professor Gao Huanyue, Professor of Law, CUPL

■ Professor Zhao Xudong, Professor of Law, CUPL

■ Associate Professor Yang Yuguan, Associate Professor, CUPL

■ Associate Professor Yang Qinhuo (Victor), Associate Professor of Law and Director,International Exchange Center, CUPL

17–21 November Professor Mitsuo Nagafuchi, Department of Business Law, Konan University, Japan

25–28 November Professor David Linnan, Associate Professor of Law, School of Law,University of South Carolina, U.S.A.

28 November Dr Claudio De Jesus Ximenes, Chief Justice, Democratic Republic of Timor-Leste, East Timor

5 December Delegation of Chinese police, People’s Republic of China

Visiting Scholars 2003

Dr Sarah Biddulph with the delegation of police from the People’s Republic of China.

Visiting Scholars 2003AsianLawCentre

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Associate Professor Michael Dutton, Mr Guan Yisheng and Dr Sarah Biddulph with members from the CUPL.

Professor Tim Lindsey with Chief Justice Dr Claudio De Jesus Ximenes.

Ms Kathryn Taylor, Professor Tim Lindsey and Dr Sarah Biddulph with members from theProcedural Law Research Center, CUPL.

Professor Koichi Nakatomi

Professor Mitsuo Nagafuchi

AsianLawCentre39Faculty Teaching & Education

Members of the Centre again contributed a full programme of Asian Law related subjects at the undergraduate

and graduate levels. The Law School continues to offer the best coverage of Asian Law in Australia. It is seen as

a leader in this field and now offers the most extensive Asian law teaching program in the world.

Offerings in the Law School’s programme for 2003 included:

Undergraduate Programmes

■ Commercial Law in Asia – Semester 2

■ Law and Society in China – Semester 2

■ Law and Society in Japan – Summer Semester

■ Law and Society in Southeast Asia – Semester 1

Not Offered in 2003 — Undergraduate

■ Issues in Chinese Law

■ Land, Race and Law in Southeast Asia

■ Law and Civil Society in Asia

■ Law and Labour Relations in East Asia

Postgraduate Programmes

■ Commercial Dispute Resolution in Asia — Semester 1

■ Commercial Law in Asia — Semester 1

■ Law and Economic Reform in Asia — Semester 2

Not Offered in 2003 — Postgraduate

■ Comparative Companies Law in the Asia Pacific Region

■ Debt Recovery in Asia

■ Islamic Law and Politics in Asia

■ Legal Aspects of Finance in Asia

Chulalongkorn University, BangkokProfessor Malcolm Smith participated for the fourth time in the teaching of a graduate course at Chulalongkorn

University on Commercial Alternative Dispute Resolution. Professor Richard Garnett also taught the course,

together with Judge Vichai Ariyanuntaka, Deputy President of the Central Intellectual Property and International

Trade Court of Thailand. The subject was offered in the LL.M. Business Law program at Chulalongkorn University

and was taught in English.

Universities in JapanMarking the leadership of the Asian Law Centre in academic relations with Japan, Professor Malcolm Smith was

invited to represent the University and deliver papers at two Symposiums.

In July 2003, a Symposium was held to mark the 50th anniversary of the establishment of the Faculty of Law at

Osaka City University, Japan. At this event, Professor Smith spoke on legal education and the debate in Australia on

Judicial Activism.

In July 2003, Professor Smith was also invited to a Symposium to mark the 10th Anniversary of the establishment

of the International Centre for Comparative Law and Politics at the Faculty of Law, the University of Tokyo and the

reconstitution of a new Centre with the same name. He spoke on recent developments in Corporate Governance

in Australia.

AusAID Training ProgramProfessor Tim Lindsey and Dr Sarah Biddulph taught “Law, Justice and Governance” as part of a training program to

members of AusAID on 4 April and 19 September, 2003. Professor Tim Lindsey covered issues relevant to Indonesia

and Dr Sarah Biddulph covered issues in China.

International Meetings on Vietnamese Legal ChangeIn 2003, Dr Pip Nicholson was invited to the University of Victoria, Canada and the Institut d’Etudes Politiques de

Paris (CERI), France to contribute to international meetings on Vietnamese legal change. She also convened,

together with Associate Professor John Gillespie, an international conference at the Melbourne Law School on the

dynamism of Asian socialism (see, page 20).

Major Institutional ContributionsAsianLawCentre

40

Research Students Under Supervision of Centre MembersMembers of the Centre continued to offer supervision to a large group of Australian students interested in Asian

law and international students studying at the Law School, most of whom are Ph.D. candidates.This is the largest

Doctoral group working on Asian legal systems in a single institution in the world. In addition, Centre members

are involved on a daily basis with assistance for LL.M. and Graduate Diploma by coursework students.

Higher degree research candidates who submitted or successfully completed in 2003 were:

Mr Ryad Chairil (Ph.D.)■ Supervisors: Michael Crommelin, Tim Lindsey

“The Indonesian Mineral Regime: A Model for the Future — Learning From Other Countries in Implementing Changes”

Mr Yeow Choy Choong (Ph.D.)■ Supervisors: Michael Tilbury, Tim Lindsey

“Summary Disposition in the New Procedural Landscape: Proposals for Reform in Malaysia”

Research students under the supervision of Centre members included:

AsianLawCentre41Research Students

Ms Sarah Biddulph (Ph.D.)

■ Supervisors: Cheryl Saunders, Michael Dutton,Pip Nicholson

● Completed: 2004“Controlling Detention for Investigation:Legal Accountability of the Chinese Public Security Organs”

Mr Simon Butt (Ph.D.)

■ Supervisor: Tim Lindsey

● Expected Year of Completion: 2006“The Indonesian District Courts:Incompetence and Corruption“

Mr John Chellew (Ph.D.)

■ Supervisor: Malcolm Smith

● Expected Year of Completion: 2005“Derivatives Law: Refining the Financial ServicesReform Act’s Derivative Definition”

Mr Neri Colmenares (Ph.D.)■ Supervisors: Tim Lindsey, Tim McCormack

● Expected Year of Completion: 2005“Curbing Impunity Through the InternationalCriminal Court: The Case of the Philippines”

Mr Budi Darmono (Ph.D.)


● Completed: 2004“Adat and Forestry Laws in a Plural System:A Study of Indonesian ‘Legal Development’”

Ms Alice de Jonge (SJD)

■ Supervisor: Malcolm Smith

● Expected Year of Completion: 2004“Media and Markets in Hong Kong and the People’s Republic of China: Maintaining Corporate Standards in China’s H-Share Market”

Research StudentsAsianLawCentre

42

Ms Susi Dwi Harijanti (Ph.D.)

■ Supervisors: Cheryl Saunders, Tim Lindsey

● Expected Year of Completion: 2006“The Indonesian Ombudsman System and Good Governance: Proposals for Reform”

Mr Mohamad Hafiz Hassan (Ph.D.)

■ Supervisors: M.B. Hooker, Tim Lindsey

● Submitted: 2005“The Syariah Court of Singapore — A Study of a Court of Law From the Civil and Islamic Perspectives”

Ms Paloma Hatami (Ph.D.)


● Expected Year of Completion: 2006“Are Islamic Principles Sufficient for a StableEconomy? Implications for Trade, Investment and Banking in Islamic Countries:Case Study of Iran and UAE”

Mr Denny Indrayana (Ph.D.)

■ Supervisors: Cheryl Saunders, Tim Lindsey

● Submitted: 2005“Indonesian Constitutional Reform 1999–2002: An Evaluation“

Mr Jeremy Mulholland (Ph.D. [Management])

■ Supervisors: Howard Dick, Tim Lindsey

● Expected Year of Completion: 2005“Elites, State and Big Business in Indonesia from a New Institutional Economics Perspective:Indonesian Thinking on Political Economy”

Mr Nguyen Hien Quan (Ph.D.)

■ Supervisors: Tim Lindsey, Pip Nicholson

● Expected Year of Completion: 2005“Institutional Efficiency and Commercial Dispute Resolution in Southeast Asia — A Game Theory Analysis”

Mr Arskal Salim (Ph.D. [Arts])

■ Supervisors: Tim Lindsey, Merle Ricklefs

● Expected Year of Completion: 2006“Islamisation of Laws in a Modernising State:Sharia in Indonesia 1945–2005”

Adv. Andy Schmulow (Ph.D. [Arts])

■ Supervisor: Tim Lindsey, Charles Coppel

■ Expected Year of Completion: 2005“Problems Associated with Prudential RegulatoryEnforcement in the Indonesian Banking Sector”

Ms Chenxia Shi (Ph.D.)

■ Supervisors: Tim Lindsey, Sean Cooney

● Expected Year of Completion: 2005“Can Corporate Governance and Directors’Duties Converge? — From a Chinese Perspective”

Ms Kerstin Steiner (Ph.D.)


● Expected Year of Completion: 2005“Western Human Rights and Asian Values: Are the Differences Real?”

Ms Ann Wardrop (Ph.D.)


● Expected Year of Completion: 2006“Regulation of Insolvent Investor-Owned EssentialService Corporations“

Dr Eric Wilson (SJD)

■ Supervisors: Gillian Triggs, Tim Lindsey

● Submitted: 2005“Savage Republic: De Indis, the Grotian Heritage,and Dutch Hegemony within the Capitalist World-Economy“

Ms Phoebe Wynn-Pope (Ph.D.)


● Expected Year of Completion: 2009“What are the Criteria for Determining When aThreat to or Violation of Human Security ShouldJustify an External Intervention?”

Ms Julia Se Se Zhang (Ph.D.)

■ Supervisors: Tim Lindsey, Andrew Kenyon,Sarah Biddulph

● Expected Year of Completion: 2005“Contractual Arrangement for Technology Transfer to China: A Relational Perspective ”

Mr Ming Zhou (Ph.D.)

■ Supervisors: Malcolm Smith, Gillian Triggs

■ Expected Year of Completion: 2006“Antidumping Law and Practices in China and the WTO”

Publications of Members, Associates & Researchers

BooksHooker, M.B. (2003), Indonesian Islam: Social Change Through Contemporary Fatawa, Allen & Unwin, Sydney.

Hooker, M.B. (2003), Islam Mazhab Indonesia, Penerbit Teraju, Jakarta.

Ramsay,I.,Hanrahan,P.and Stapledon,G.(2003),Commercial Applications of Company Law,4th edition,CCH Australia,North Ryde,N.S.W.

Ramsay, I., Ford, H.A. and Austin, R.P. (2003), Ford’s Principles of Corporations Law, 11th edition, Butterworths, Sydney.

Ramsay, I., McDonald, L., Moodie, G. and Webster, J. (2003), Experts’ Reports in Corporate Transactions, Federation Press, Sydney.

Tabalujan, B.S. (2003), Singapore Business Law, 3rd edition, BusinessLaw Asia/CommAsia, Singapore.

Chapters in Books and MonographsHooker, M.B. (2003),“The State and Syariah in Indonesia”, in Salim, A. and Azra, A. (eds), Shari’a and Politics in Modern Indonesia, ISEAS,

Singapore: 33–47.

Hooker, M.B. (2003), “Submission to Allah? The Kelantan Syariah Criminal Code 1993,” in Hooker, V. & Othman, N. (eds), Malaysia:Islam, Society and Politics, ISEAS, Singapore: 80–100.

Lindsey, T. (2003),“Indonesia: Devaluing Asian Values, Rewriting Rule of Law”, in Peerenboom, R. (ed), Asian Discourses of Rule of Law,Routledge, London and New York: 286–323.

Smith, M. (2003),“Comparative Law and Legal Culture”, in Ago, Shin-ichi (ed), Law and the Open Society in Asia, Report of Proceedingsof a Seminar held at Kyushu University, 25 November–4 December, 2002.

Smith, M. (2003), “Legal Education in Australia”, in The Social Responsibility of the Legal Profession in the Age of Globalization,Proceedings of the International Symposium Commemorating the 50th Anniversary of the Faculty of Law, Osaka CityUniversity: 163–186.

Tabalujan, B.S. (2003),“Reforming Indonesian Corporate Governance — A Legal-Sociological Perspective”, in Batten, J. & Fetherston,T. (eds), Social Responsibility: Corporate Governance Perspectives, Research in International Business and Finance, Volume 17,Elsevier, The Netherlands: 397–423.

Refereed Journal ArticlesBiddulph, S. (2003), “The Production of Legal Norms: A Case Study of Administrative Detention in China”, UCLA Pacific Basin Law

Journal, 20: 217.

Clarke, R. (2003),“Retrospectivity and the Constitutional Validity of the Bali Bombing and East Timor Trials”, Australian Journal of AsianLaw, 5(2): 128–159.

Hooker, M.B. (2003),“Islamic Law in South East Asia”, Studia Islamika, 10(1): 1–22.

Lindsey, T. (2003),“Islamic Law in Contemporary Indonesia”, Review of Indonesian and Malaysian Affairs, 37(2): 121–127.

Lindsey, T. & Hooker, M.B. (2003),“Towards a New Mazhab? The Public Faces of Syariah in Indonesia”, Studia Islamika, 10(1): 23–64.

Lindsey, T., Jamhari & Hooker, M.B. (eds), Islamic Law in Indonesia and Malaysia (special issue), Studia Islamika, 10(1).

Mitchell, R. (2003), “Union Security and the ‘Hiring Hall’: A Note on the Sanctioning of Union Labour Supply Arrangements inAustralian Labour Law”, Australian Journal of Labour Law, 16: 343–358.

Mitchell, R. & Fetter, J. (2003),“Human Resource Management and Individualisation in Australian Labour Law”, Journal of IndustrialRelations, 45: 292–325.

Nicholson, P. (2003),“Bibliography of Vietnamese Law Related Materials”, Legal Reference Services Quarterly, 22(2/3): 139–200.

Pausacker, H. (2003), “Jon Koplo: Tragi-Comedy during the Demonstrations and Riots in Solo, Central Java, March–June 1998”,International Journal of Cultural Studies, 6(2): 155–179.

AsianLawCentre43Publications

PublicationsAsianLawCentre

44

Smith, M. (2003), “Corporate Governance in Australia: Some Recent Developments”, Forum of International Development Studies,24: 75–93.

Smith, M. (2003),“Legal Education and Judicial Activism in Australia”, Sociology of Law in the World: 227–241.

Steele, S. & Anderson, K. (2003),“Insolvency Law”, Japanese Business Law Guide, CCH Loose-leaf.

Whiting, A. (2003),“Situating Suhakam: Human Rights Debates and Malaysia’s National Human Rights Commission”, Stanford Journalof International Law, 39(1): 59.

Other Journal ArticlesClarke, R. (2003),“Analysis — Human Rights on Trial in Indonesia”, The Human Rights Defender, Amnesty International, 22(5).

Lindsey, T. (2003),“What Bali means to Indonesia”, The Diplomat, 1(5), December 2002-January: 14–15.

Mitchell, R. & Fetter, J. (2003), “Australian Workplace Agreements and High Performance Workplaces: A Reply”, Journal of IndustrialRelations, 45: 528.

Nguyen, Q.H. (2003),“Cross-border Transactions in Vietnam and the Vietnam-US Bilateral Trade Agreement”, International Trade andBusiness Law Annual, 8: 159–184.

Book ReviewsSteele, S. (2003), Review of Eleanor M Hadley with Patricia Hagan Kuwayama,“Memoir of a Trustbuster: A Lifelong Adventure with

Japan”, Australian Journal of Asian Law, 5(2): 206–211.

Working PapersArnold, L. and International Labour Organization Jakarta Office (2003), Discrimination in the World of Work: A Brief Look at the

Situation in Indonesia, International Labour Organization, Jakarta.

Ramsay, I. (2003), Use of Prospectuses by Investors and Professional Advisers, Centre for Corporate Law and Securities Regulation, TheUniversity of Melbourne.

Ramsay, I., Bird, H., Chow, D. and Lenne, J. (2003), ASIC Enforcement Patterns, Centre for Corporate Law and Securities Regulation,TheUniversity of Melbourne.

Ramsay, I. and Moodie, G. (2003), Managed Investment Schemes: An Industry Report, Centre for Corporate Law and SecuritiesRegulation, The University of Melbourne.

Commissioned ReportsMitchell,R.& Fetter, J. (2003), The Individualisation of Employment Relationships and Adoption of High Performance Work Practices: Final

Report (Commissioned Final Report for the Workplace Innovation Unit, Industrial Relations Victoria).

Ramsay, I. (2003), Rebuilding Public Confidence in Financial Reporting: An International Perspective, Report to the InternationalFederation of Accountants Prepared as a Member of the International Task Force on Rebuilding Public Confidence in FinancialReporting.

Reports to GovernmentsLindsey, T. (2003), Report to AusAID: Australia Indonesia Legal Development Program — Project Design Document, July.

Newspaper ArticlesClarke, R. (2003),“How Amrozi May Cheat Death Sentence”, The Australian Financial Review, 21 August.

Lindsey, T. (2003),“United We Fight: The Most Powerful Weapon Against Terrorism in our Region is a Strong Bond with Indonesia”,Herald Sun, 19 August.

Lindsey,T. (2003),“The View from Mecca’s Veranda:Tim Lindsey on the Implementation of Islamic Law Close to Australia’s North”, TheAustralian Financial Review, 14 March.

Lindsey, T. & Clarke, R. (2003),“American Secrecy Lets Bashir Off Lightly”, The Australian, 5 September.

Tabalujan, B.S. (2003),“Research Money-spinners Send Varsities into a Whirl”, The Straits Times, 28 November.

AsianLawCentre45

Conference Papers and Seminars Delivered by MembersBiddulph, S. (2003),“Judicial Reform in China”, presented at Law and Society Conference, Pittsburgh, June.

Biddulph, S. (2003),“Mapping Legal Change in the Context of the Social Order Powers of the Chinese Police”, presented at Asian LawCentre and Deakin Law School Law and Governance: Socialist Transforming Vietnam conference, Asian Law Centre and DeakinLaw School, The University of Melbourne, 12–13 June.

Biddulph, S. (2003),“Regulating Internal Migration in the PRC”, presented at The Rights of Migrant Workers International Workshop,RegNet, The Australian National University, 6–7 August.

Cooney, S. (2003),“Problems with Labour Law:Theoretical Implications”, presented at Problems with Comparative Labour Law: LabourRegulation in Asia Workshop,Asian Law Centre & Centre for Employment and Labour Relations Law,The University of Melbourne,2 October.

Lindsey, T. (2003), “Islam and Family Law in Indonesia”, presented at Islamic Studies Workshop, Constitutional Change in Indonesia,Centre for Indonesian Reform, Universitas Paramadina, Jakarta, 10 May.

Lindsey, T. (2003), “The Indonesian Legal System and Islam”, presented at Judges Annual Workshop, Federal Court of Australia, 28August.

Lindsey, T. (2003), “Country Study: Indonesia”, presented at Problems with Comparative Labour Law: Labour Regulation in AsiaWorkshop, Asian Law Centre & Centre for Employment and Labour Relations Law, The University of Melbourne, 2 October.

Lindsey,T. (2003),“The Jemaah Islamiyah Trials: Defending the Bali Bombers”, presented at Islam and Terrorism in Indonesia, MIALS &Asian Law Centre joint Seminar/Public Event, 10 October.

Lindsey, T. (2003), “Understanding Syariah Law”, presented at ComView conference, Victorian Commercial Teachers Association, LaTrobe University, 24–26 November.

Mitchell, R. (2003), “Australian Workplace Agreements and High Performance Workplace Systems”, presented at Australian LabourLaw Association, South Australian Chapter.

Mitchell, R. (2003), “AWAs and High Performance Workplace Systems”, presented at Centre for Employment and Labour RelationsLaw, The University of Melbourne.

Mitchell, R. (2003),“Human Resource Management and Individualisation in Australian Labour Law”, presented at Rethinking the Lawof Work Conference, Australian Centre for Industrial Relations, Research and Training, Sydney.

Mitchell, R. (2003), “Individual Agreements and Flexibility in University Employment”, presented at Law School, University ofAdelaide.

Mitchell, R. & Johnstone, R. (2003),“Regulating Work”, presented at Regulating Law Workshop, Regulatory Institutions Network, TheAustralian National University.

Nicholson, P. (2003), “Vietnamese Court Reform: Constancy and Change in the Contemporary Period”, at Mapping Vietnam’s LegalCulture: Whither Vietnam? Conference, Victoria, B.C., Canada, 27–29 March.

Nicholson, P. (2003), “Vietnamese Courts: The Changing Shape of Party Instrumentalism”, Staff and Graduate Student Seminar,University of Washington, Seattle, USA, 1 April.

Nicholson, P. (2003), “Vietnamese Jurisprudence: A Trajectory for Court Reform?”, presented at Law and Governance: SocialistTransforming Vietnam conference, Asian Law Centre and Deakin Law School, The University of Melbourne, 12–13 June.

Nicholson, P. (2003),“Vietnam’s Labour Market:Transition and the Role of Law”, presented at Problems with Comparative Labour Law:Labour Regulation in Asia Workshop, Asian Law Centre & Centre for Employment and Labour Relations Law, The University ofMelbourne, 2 October.

Nicholson, P. (2003), “Vietnamese Courts: Party State and Law”, presented at The State of Law and the Rule of Law in post doi moiVietnam conference, CERI, Paris, 6–7 October.

Smith, M. (2003), “Recent Developments in the Laws on Share Capital in Australia”, presented at “Diversification of the Laws onShares” session at the 18th LawAsia Conference, Tokyo, 1–5 September.

Steele, S. (2003), “Too Hot to Handle: Extinguishing Secured Creditor’s Interests in Japanese Insolvency Law”, at Japan StudiesAssociation of Australia Conference, Brisbane, 4 July.

Steiner, K. (2003),“How Asian are Asian Values? A Case Study of South Africa’s Apartheid Regime and Asian Values — Too Close forComfort?”, Asian Law Centre Brown Bag Seminar, The University of Melbourne, 17 September.

Conference Papers

Australian Journal of Asian LawAsianLawCentre

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Journal ArticlesChoy, D.W. (2003),“China and the Internet: Recent Developments”, Australian Journal of Asian Law, 5(1): 77–89.

Clarke, R. (2003),“Retrospectivity and the Constitutional Validity of the Bali Bombing and East Timor Trials”, Australian Journal of AsianLaw, 5(2): 128–159.

Fu, H.L. (2003),“The Politics of Mediation in a Chinese County: The Case of Luo Lianxi”, Australian Journal of Asian Law, 5(2): 107-127.

Hawes, C. (2003), “Seeds of Dissent: The Evolution of Published Commercial Law Court Judgments in Contemporary China”,Australian Journal of Asian Law, 5(1): 1–41.

R. Kumar, C. (2003),“State Torture in India: Strategies for Resistance and Reparation”, Australian Journal of Asian Law, 5(2): 160–183.

Puchniak, D.W. (2003), “The 2002 Reform of the Management of Large Corporations in Japan: A Race to Somewhere?”, AustralianJournal of Asian Law, 5(1): 42–76.

Roberts, A. (2003),“The Two-Track Model of Transitional Justice in Timor-Leste: Is it Working?”, Australian Journal of Asian Law, 5(3):260–287.

Stephens, M. (2003),“Local-level Dispute Resolution in Post-reformasi Indonesia: Lessons from the Philippines”, Australian Journal ofAsian Law, 5(3): 213–259.

Case NotesHolland, B. (2003), “Suyanto Gondokusumo v PT Asuransi Jiwa Manulife Indonesia: Harvesting an Anti-Hero in Indonesian

Insolvency Law”, Australian Journal of Asian Law, 5(2): 184–195.

Juwana, H. (2003),“The Indomobil Case”, Australian Journal of Asian Law, 5(3): 301–305.

CommentaryFenwick, S. (2003), “Administrative Review in Transition: The Law of Mongolia on Administrative Procedure, 26 December 2002”,

Australian Journal of Asian Law, 5(3): 289–300.

Book ReviewsAnderson, K. (2003), Review of Carl F Goodman,“The Rule of Law in Japan: A Comparative Analysis”, Australian Journal of Asian Law,

5(3): 312–315.

Chui, W.H. (2003), Review of Bee Chen Goh, “Law Without Lawyers, Justice Without Courts”, Australian Journal of Asian Law, 5(2):202–205.

Goodpaster, G. (2003),“Review: Administrative Courts in Indonesia”, Australian Journal of Asian Law, 5(1): 103-105.

Grewal, B.S. (2003), Review of Mamiko Yokoi-Arai, “Financial Stability Issues: The Case of East Asia”, Australian Journal of Asian Law,5(2): 196–198.

Hirtz, F. (2003), Review of Soliman M Santos Jr, “The Moro Islamic Challenge: Constitutional Rethinking for the Mindanao PeaceProcess”, Australian Journal of Asian Law, 5(3): 316–318.

Mendelsohn, O. (2003), Review of Venkat Iyer (ed), “Democracy, HumanRights and the Rule of Law — Essays in Honour of Nani Palkhivala”,Australian Journal of Asian Law, 5(2): 199–201.

Steele, S. (2003), Review of Eleanor M Hadley with Patricia HaganKuwayama,“Memoir of a Trustbuster: A Lifelong Adventure with Japan”,Australian Journal of Asian Law, 5(2): 206–211.

Wallace, J. (2003), Review of Daniel Fitzpatrick, “Land Claims in East Timor”,Australian Journal of Asian Law, 5(3): 306–311.

Review EssayAnderson, K. (2003), “Review Essay: Crime, Prosecution and Punishment in

Japan:What Johnson and Schmidt Can Teach About the Japanese CurryKiller Case”, Australian Journal of Asian Law, 5(1): 90–102.

AsianLawCentre47

Contributions to the University of Melbourne and the Community

Dr Sarah Biddulph■ Chair, Human Rights Research Group, Cross Cultural Dispute Resolution Grant■ Member, Law and Society Association■ Member, Advisory Committee, Australian Journal of Asian Law■ Member, Equal Opportunity Committee, Faculty of Law, The University of Melbourne■ Liaison Officer, International and Non-English Speaking Background Students (July-December)

Mr Sean Cooney■ Member, Centre for Employment and Labour Relations Law, The University of Melbourne■ President, University of Melbourne Branch, National Tertiary Education Union (NTEU)■ National Councillor, National Tertiary Education Union (NTEU)■ Member, Advisory Committee, Australian Journal of Asian Law■ Member, Ethical Advisory Committee, Brotherhood of St. Laurence■ Member, Executive and Budgets Committee, Faculty of Law■ Liaison Officer, International and Non-English Speaking Background Students (January-June)■ Member, Australian Labour Law Association■ Member, Consultation Group, National Contact Point, OECD Guidelines for Multinational Enterprises,

Department of Treasury■ Member, Centre for Employment and Labour Relations Law, The University of Melbourne■ Advisory Committee, Australian Journal of Asian Law■ Ethical Advisory Committee, Brotherhood of St. Laurence■ Liaison Officer, International and Non-English Speaking Background Students

Professor Tim Lindsey■ Associate Dean (International)■ Member of Board, Australia-Indonesia Institute, Department of Foreign Affairs and Trade■ Member, International Council of the Asia Society■ Director of Studies, Graduate Diploma in Asian Law■ Member, Executive and Budgets Committee, Faculty of Law■ Editor, Australian Journal of Asian Law■ Associate, Melbourne Institute of Asian Languages and Societies■ Member of Board, Melbourne Institute of Asian Languages and Societies■ Member of Board, Institute for Comparative and International Law, The University of Melbourne■ Associate, Centre for Employment and Labour Relations Law, The University of Melbourne■ Associate, Centre for Corporate Law and Securities Regulation, The University of Melbourne■ Member, Forum of Associate Deans International■ Nominee of the Deputy Vice-Chancellor (Academic), International Students’ Consultative Committee,

The University of Melbourne■ Member, Program Committee, Graduate Studies, Faculty of Law, The University of Melbourne■ Member, Editorial Board, Southeast Asia Publications Series, Asian Studies Association of Australia■ Member, Asian Studies Association of Australia■ Member, Editorial Advisory Board, Employment Law Asia, CCH■ Member, Editorial Advisory Board, Asian Law Abstracts, Legal Scholarship Network

Contributions

ContributionsAsianLawCentre

48

■ Member, Advisory Board, Centre for Asia Pacific Initiatives, University of Victoria, British Columbia■ Member, Editorial Advisory Board, Doing Business in Asia, CCH■ Associate, The Pacific Institute■ Contributing Editor,‘Report from Asia’, Trade Practices Law Journal■ Editor,‘Indonesia’ (tab), Doing Business in Asia, CCH■ Member, Advisory Board, Liberty and Rule of Law Association, Mongolia

Dr Pip Nicholson■ Member, Advisory Committee, Australian Journal of Asian Law■ Member, Equal Opportunity Committee, Faculty of Law, The University of Melbourne■ Member, International Committee, Faculty of Law, The University of Melbourne■ Member, Unsatisfactory Progress Committee, Faculty of Law, The University of Melbourne■ Member, Asian Studies Association of Australia■ Member, Vietnam Studies Association of Australia■ Responsible for outgoing international exchange students, Faculty of Law, The University of Melbourne

Professor Malcolm Smith■ Dean of Studies, Ormond College■ Member, Advisory Committee, Australian Journal of Asian Law■ Associate, Melbourne Institute of Asian Languages and Societies■ Associate, Centre for Corporate Law and Securities Regulation, The University of Melbourne■ Member of Board, Institute for Comparative and International Law, The University of Melbourne■ Member of Board, Melbourne Institute of Asian Languages and Societies■ Member of Board, Australian Centre for International Commercial Arbitration■ Member of Board, Leo Cussen Institute■ Member of Board, Penleigh and Essendon Grammar School■ Member of Board, International Trade Law and Business Committee, Law Council of Australia■ Advisory Board, Journal of Korean Law

Ms Stacey Steele■ Senior Associate, Financial Services Group, Blake Dawson Waldron■ Member, Japanese Studies Association of Australia■ Member, Urasenke Melbourne Chapter■ Referee, Australian Journal of Asian Law■ Volunteer, Homeless Persons’ Legal Clinic (joint initiative by the PILCH and the Council for Homelessness)

Ms Amanda Whiting■ Editor, Australian Journal of Asian Law■ Member of Board, Australian Journal of Asian Law■ School Council, Carlton Gardens Primary School■ Member, American Historical Association■ Member, Asian Studies Association (United States)■ Member, Asian Studies Association of Australia

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The Asian Law Centre thanks our 2003

Sponsors for their support for our

activities, which enabled the

production of this report

for 2003.

Asian Law Centre

Faculty of Law

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ALC A-Report 9614 Final - Melbourne Law School · 2018-10-10 · Email: [email protected]...

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